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| [ House Amendment 002 ] |
90_HB0182sam001
LRB9000325RCksam02
1 AMENDMENT TO HOUSE BILL 182
2 AMENDMENT NO. . Amend House Bill 182 by replacing
3 the title with the following:
4 "AN ACT to amend the State Appellate Defender Act by
5 changing Section 10.5."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The State Appellate Defender Act is amended
9 by changing Section 10.5 as follows:
10 (725 ILCS 105/10.5)
11 Sec. 10.5. Competitive bidding for appellate services.
12 (a) To the extent necessary to dispose of the State
13 Appellate Defender's backlog of indigent criminal appeals,
14 The State Appellate Defender may, to the extent necessary to
15 dispose of its backlog of indigent criminal appeals,
16 institute a competitive bidding program under which shall
17 provide that contracts for the services of attorneys
18 representing indigent defendants on appeal in non-death
19 penalty criminal appeals are cases shall be awarded under a
20 competitive selection procedure which shall provide that
21 those contracts be awarded to the lowest responsible bidder.
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1 (b) The State Appellate Defender, before letting out
2 bids for contracts for the services of attorneys to represent
3 indigent defendants on appeal in criminal cases, shall
4 advertise the letting of the bids in a publication or
5 publications of the Illinois State Bar Association, the
6 Chicago Daily Law Bulletin, and the Chicago Lawyer. The
7 State Appellate Defender shall also advertise the letting of
8 the bids in newspapers of general circulation in major
9 municipalities to be determined by the State Appellate
10 Defender. The State Appellate Defender shall mail notices of
11 the letting of the bids to county and local bar associations.
12 (c) Bids may shall be let in packages of one to , 5, 10,
13 and 20 appeals. Additional cases may be assigned, in the
14 discretion of the State Appellate Defender, after a
15 successful bidder completes work on existing packages.
16 (d) A bid for services of an attorney under this Section
17 shall be let only to an attorney licensed to practice law in
18 Illinois who has prior criminal appellate experience or to an
19 attorney who is a member or employee of a law firm which has
20 at least one member with that who has prior appellate
21 experience. Prospective bidders must furnish legal writing
22 samples that are deemed acceptable to the State Appellate
23 Defender.
24 (e) An attorney who is awarded a contract under this
25 Section shall communicate with each of his or her clients and
26 shall file each initial brief before the due date established
27 by Supreme Court Rule or by the Appellate Court. The State
28 Appellate Defender may rescind the contract for attorney
29 services and may require the return of the record on appeal
30 if the contracted attorney fails to make satisfactory
31 progress, in the opinion of the State Appellate Defender,
32 toward filing a brief.
33 (f) Gross compensation for completing of a case shall be
34 $40 per hour but shall not exceed $2,000 per case. The
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1 contract shall specify the manner of payment.
2 (g) (Blank) On the effective date of this amendatory Act
3 of 1996, the State Appellate Defender shall segregate the
4 backlog of appeals not yet processed by staff attorneys
5 employed by the State Appellate Defender.
6 (h) (Blank) Contracted attorneys under this Section
7 shall represent only indigent defendants from the backlog of
8 appeals. Upon completion of the backlog, no contract shall
9 be let for attorney services by competitive bid.
10 (Source: P.A. 89-689, eff. 12-31-96.)".